Articles Posted in DUI

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Makers of a device called the “Breathometer” promised that their product could help drinkers determine when they’d had too much to drive. driver

The product concept was first pitched on the television show, “Shark Tank,” and it involved an app-supported smartphone device that would help consumers make smarter decisions about whether to refrain from driving after consuming alcohol. By breathing into the app device attached to their phone, users would be able to tell whether they were over the legal limit of 0.08 alcohol concentration.

However, the Federal Trade Commission recently slammed the company, ultimately negotiating a settlement, amid charges the device didn’t actually work as promised. Specifically where the FTC was concerned, the company lacked the scientific evidence to support the claims made in advertising.  Continue reading

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Florida’s law against driving under the influence, F.S. 316.193, covers the offense of operating a vehicle while intoxicated not just by alcohol, but by any chemical substance that impairs the person’s normal faculties. This includes marijuana. However, now that the drug has become legal for medicinal purposes in the Sunshine State, some lawmakers say this statute does not go far enough. rolledcigarette

Now, House Bill 237, the Driving Under the Influence of Drugs Act, proposes that DUI arrests can be made and convictions secured if evidence is presented the driver had 5 nanograms or more of THC per milliliter of blood. If the law is passed, it would go into effect this October.

However, there has been significant push back from the scientific community on this because blood testing for THC, which is a fat-soluble compound, is known to be an inaccurate means of testing impairment. That’s because the substances stays in one’s body long after consumption, unlike alcohol, which dissipates quickly. What that means is if you find a certain amount of alcohol in one’s blood or breath or urine, that alcohol was consumed fairly recently and one can opine with reasonable certainty about the degree of intoxication. But that isn’t true with marijuana. In fact, all a test like this will tell you is that the person is a marijuana user. A high level of THC in the blood stream is not necessarily indicative of impairment. It may only indicate the person is a regular user. So if a person consumes a little of the drug every evening for a month and is pulled over one morning – completely sober – he or she could well have a THC level above that 5-nanogram limit. Continue reading

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The National Highway Traffic Safety Administration recently announced it would be prioritizing a reduction of drunk driving deaths this year. One of the ways agency officials will seek to do this is by exploring mandatory driver alcohol detection systems, better known as “breathalyzers” or “interlock ignition.” These devices have been around for a while, but are usually only required by a judge following a drunk driving conviction. beer

In Florida, F.S. 316.193 requires interlock ignition devices be installed on vehicles of certain persons convicted of DUI. The court has the option to require installation for a first-time conviction on a DUI charge, but it isn’t mandatory unless the driver had a blood-alcohol concentration of 0.15 or higher, in which case it must be installed for at least six months. For a second conviction, it has to be installed for at least one year, or two years if the BAC was 0.15 or higher. For a third conviction, ignition interlocks are required for at least two years. For four or more convictions of DUI, where the individual is only given a hardship license, the ignition interlock has to stay on the car for at least five years.

The NHTSA recently reported that of 35,100 motor vehicle deaths in 2015, 10,300 of those (29 percent) involved a driver who was impaired by alcohol with a blood-alcohol level of 0.08 or greater. Some states had higher percentages than others. In Florida, 27 percent of fatal accidents involved a driver whose blood-alcohol concentration was 0.08 or higher. Thirty-two percent involved a driver whose blood-alcohol concentration was 0.01 or higher. Although the legal limit for alcohol concentration is 0.08, anything above 0.00 could potentially be grounds for the court to find a driver was “impaired.”  Continue reading

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People get coughs and colds all the time, and most don’t think twice about taking some medicine and getting behind the wheel. Unfortunately, this can result in serious consequences if you are pulled over or involved in an accident and deemed to be “under the influence” of these substances. medicine

F.S. 316.193 prohibits motorists in Florida from “driving under the influence.” Most people define that by the second provision of the statute, which indicates that a person may be considered impaired if his/ her breath-alcohol level exceeds 0.08 or more grams of alcohol per 210 liters of breath (or 0.08 or more grams of alcohol per 100 milliliters of blood). However, the first part of that law says that one can be arrested on this charge if they are under the influence of any chemical substance that results in impairing a person’s normal faculties. This can, indeed, include cough and cold medicine. The penalties can be just as severe as if you chose to drink and drive.

As an example, take the recent case of Kranchick v. State, which was one such matter out of South Carolina. The facts giving rise to this case began in January 2002. It was about 3 p.m. and defendant lost control of her passenger vehicle while traveling eastbound on the interstate. According to court records, she swerved off the road, overcorrected and then slammed into the rear of a bobtail truck. That impact sent the truck spinning into the median, over the guardrail cables and into the path of a tractor trailer. The tractor trailer struck the smaller truck, causing the later to overturn onto its roof, killing the driver and severely and permanently injuring his passenger and the driver of the tractor-trailer. Continue reading

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An interesting legal debate has cropped up in Palm Beach County over a Facebook “like.” computer1

CBS 12 reports the defendant, Paul Maida, who has been linked to a deadly DUI accident in Boca Raton, has had his bond revoked for “liking” a post on his ex-girlfriend’s Facebook page. The judge had ordered him not to have “contact” with his ex-girlfriend.

That woman is reportedly a key witness in the state’s case against Maida, who is accused of striking a 66-year-old bicyclist in April 2014 on Yamato Road. Maida is accused of fleeing the scene, which carries it’s own penalty in fatal crashes of a minimum mandatory 4 years in prison if convicted. Investigators say Maida eventually drove back to the scene of the crash, but only after switching seats with his girlfriend, who was reportedly not impaired.  Continue reading

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Florida State University football team’s strength & conditioning coach was suspended for a month without pay following his Florida DUI arrest in Tallahassee, following a blow-out party with crew members of the “Showtime” network.whiskey

According to The Tallahassee Democrat, Coach Vic Viloria spent the evening drinking whiskey on the Florida State campus, first at his office and then, after deeming that “inappropriate,” fearing other employees might see, moving to the Showtime crew’s trailer. Although he initially planned to “sleep it off” in his office (a wiser choice), he chose to drive home early on a recent Saturday morning. However, he did not make it home before he was stopped by police. The FSU team and its season is the focus of Showtime’s latest series, “A Season With,” which debuted this month. Viloria said he was given a bottle of whiskey by the crew to celebrate the closing of the preseason camp. He reportedly opened the bottle in his office and shared it with three Showtime crew members.

The case is illustrative of the fact that a Florida DUI arrest can impact multiple areas of your life. Obviously for someone with a high-profile position like Viloria, the impact is severe. In this case, the 30-day suspension handed down by the university represents one-third of the team’s regular season schedule, which spans a total of 12 games. The suspension began Sept. 2 and will last through Oct. 1.  Continue reading

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Florida’s Fourth District Court of Appeal recently denied Wellington polo magnate John Goodman’s motion for a rehearing in his DUI manslaughter case. However, the court did submit several questions “of great importance” to the Florida Supreme Court. drivein

In Goodman v. Florida, Goodman asked the court to rehear his evidence regarding the testing of his blood following a fatal accident in 2010 that killed 23-year-old recent college graduate Scott Patrick Wilson. Goodman allegedly was drunk at the time of the collision and reportedly left the scene of the crash without calling emergency services. Wilson’s vehicle was later found overturned in a canal, where he drowned.

Goodman had been convicted two years later of DUI manslaughter and failure to remain at the scene of the crash. However, that conviction was later tossed due to juror misconduct and the case retried. Goodman testified he wasn’t drunk, and insists his vehicle malfunctioned and that was the cause of the crash. This was despite the fact that his blood-alcohol level was reportedly more than twice the legal limit some three hours after the crash, according to the testing that was done on his blood. He was ultimately convicted again, sentenced to 16 years in prison and fined $10,000.  Continue reading

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Unless you seriously injure or kill someone while driving drunk, a DUI conviction probably isn’t going to result in a long-term prison sentence. However, defendants should be aware that the more convictions they rack up, the more likely they are to serve time. And if a judge wants to make an example or send a message, they may have wide discretion to do so.

Leaning against a chain link fence during a sport

This kind of harsh sentence is uncommon for those with drunken driving convictions. Usually, convictions result in temporary license suspensions and perhaps a stint in prison. But in most cases, the defendant is ultimately released and eventually allowed back on the road. This case raises the question of how many times a person has to be caught driving legally drunk before the judge will lock them up for a long time?

Take the recent case of a 56-year-old Houston man with eight prior convictions for DUI. Upon his ninth conviction for DUI – after he pleaded guilty to the charge – the judge sentenced him to life in prison, with the possibility of parole in 30 years. Continue reading

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The U.S. Supreme Court handed down an important Fourth Amendment decision recently in the case of Birchfield v. North Dakota, which dealt with warrantless breathalyzer tests and blood tests, ultimately invalidating implied consent laws that pertain to warrantless blood draws. alcohol

Essentially, the court decided that while the government cannot require a person to submit to a blood draw without first obtaining a warrant, the government can require a person arrested for drunken driving to submit to a warrantless breath test.

The case was the result of consolidated appeals from three separate drunk driving arrests in which the defendants were prosecuted – or threatened with prosecution – for refusing to take a blood or breath test.  Continue reading

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Had Robert Cesaire served his prison time per the terms of his plea bargain, he would have been released seven years ago. He’d pleaded guilty in Broward Circuit Court to DUI manslaughter in exchange for a 10-year sentence of a possible 17 years, after which time he was to be deported to Haiti. handcuffs2

But authorities say he fled to Haiti just days before his sentencing in 1999. That was 17 years ago. Now, authorities say he’s been arrested at the Miami International Airport earlier this month. Officials could not say where he was flying from at the time he was arrested, but he is now being held at the Broward Main Jail without bond.

Prosecutors say now that he is in custody, a new sentencing hearing date will be set, at which time they will request the maximum 17-year penalty, given the fact that he fled.  Continue reading

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